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(영문) 인천지방법원 2012.12.21 2012고합1291
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 30, 2008, the Defendant was notified of a summary order of a fine of KRW 4 million by committing a violation of the Road Traffic Act (driving) at the Incheon District Court on September 30, 2008. On October 11, 2012, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for the same crime, etc. at the same court.

Nevertheless, at around 01:00 on October 21, 2012, the Defendant driven a motor vehicle with the blood alcohol concentration of about 0.11% in the state of alcohol without obtaining a driver’s license, from the Seo-gu Incheon Seo-gu, Seo-gu, Incheon to the same SK Energy Tro-distance.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Before judgment: Application of Acts and subordinate statutes to criminal records, previous criminal records, report on results of confirmation before and after disposition, investigation report (Attachment of a copy of judgment), investigation report (Attachment of a copy of summary order of the same kind of crime);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act (Punishment prescribed for a crime of violating the Road Traffic Act due to heavy drinking driving);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that three times of punishment due to drunk driving and seven times of licenseless driving only after 2003 of the reason for sentencing of Article 334(1) of the Provisional Payment Order, and in particular, considering the fact that the Defendant committed the instant crime again in the absence of imprisonment from the date of the final punishment, it is appropriate to select imprisonment. However, if the Defendant selects imprisonment in the present period of probation, it is inevitable to sentence imprisonment. In this case, considering the inevitable reason for retirement of the company, the Defendant supports the wife in a relationship with the aged and de facto marriage, and the fact that it is against the intention to commit a mistake, it is considered that this is too harsh, and thus, it is considered that this would be too harsh. Therefore, the Defendant will be given more

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